accomplice liability

Question 1

principal

Answer 1

person who commits the illegal act or who causes an innocent agent to do so
* one who, with the requisite mental state, actually engages in the act or omission that causes the criminal result

liable for principal crime

Question 2

accomplice

Answer 2

one who (i) with the intent to assist the principal and the intent that the principal commit the substantive offense (ii) actually aids, counsels, or encourages the principal before or during the commission of the crime

liable for principal crime if accomplice intended to aid or encourage crime

dual intent ireq: In order to be convicted of a substantive crime as an accomplice, the accomplice must have (1) the intent to assist the principal in the commission of a crime; and (2) the intent that the principal commit the substantive offense

but note:
* absent a statute, most courts would hold that mere knowledge that a crime may result from the aid provided is insufficient for accomplice liability, at least where the aid involves the** sale of ordinary goods at ordinary prices**

Question 3

scope of accomplice liability

Answer 3

An accomplice is responsible for the crimes they did or counseled and for any other crimes committed in the course of committing the crime contemplated to the same extent as the principal, as long as the other crimes were probable or foreseeable

Question 4

withdrawal

Answer 4

A person who effectively withdraws from a crime before it is committed cannot be held guilty as an accomplice.
* must occur before crime becomes unstoppable

requirements:
* Must repudiate encouragement
* Must attempt to neutralize any assistance
* Notifying police or taking other action to prevent crime also sufficient
* BUT a mere withdrawal from involvement without taking any additional action is not sufficient.